Nathan A. Metcalf

Partner

Nathan has over a decade of experience in environmental law and water law. Nathan advises clients on water rights issues in defending and protesting water rights applications and transfers, including related issues under the California Environmental Quality Act, the California Fish and Game Code, the Clean Water Act sections 401 and 404, the Porter-Cologne Water Quality Act, the Endangered Species Act, and the public trust, reasonable use and physical solutions doctrines. Nathan has assisted public agency clients in implementation of the Sustainable Groundwater Management Act (SGMA) and the State's emergency water conservation regulations. His experience includes involvement in water transfers and groundwater managements issues related to dwindling water supplies. Nathan has also defended industrial and municipal clients in stormwater permit compliance and citizen suit actions involving stormwater discharges under the Clean Water Act.

Nathan has experience in NEPA/CEQA compliance, environmental due diligence, remediation and development of contaminated properties, environmental reporting requirements, hazardous waste management, environmental permitting, Prop 65, UST clean-up, and endangered species. Nathan has appeared before numerous administrative and judicial proceedings including, the Ninth Circuit Court of Appeals, California Superior Court, the California State Water Resources Control Board, the Nevada State Engineer and a Bureau of Land Management, Administrative Law Judge.

Before becoming an attorney, Nathan worked in the areas of hazardous waste disposal and environmental health and safety (EH&S) management for medical instrument, drug delivery and biotechnology companies.

Representative Work

Water Law. Advises water right owners on permitting and reporting requirements before the SWRCB. Adjudication of water rights in administrative hearings. Achieved the dismissal of claims of forfeiture, abandonment, and lack of perfection for more than 1,400 individual water right owners in Federal Reclamation project. Assists with groundwater management, drought conservation measures and water transfers and wheeling agreements. Experience in fishery restoration projects and negotiated settlements with government agencies and environmental groups. Advises public agency clients in the implementation of SGMA including basin boundary modifications, application to become a Groundwater Sustainability Agency (GSA) and development of alternatives to a Groundwater Sustainability Plan (GSP).

"Environmental Law Panel: Sustainable Groundwater Management and the Drought," moderator, University of San Francisco Environmental Law Student and Alumni Society and the Environmental Law Society (October 2015)